2009 (8) TMI 1299

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.... to examine the legality, propriety and correctness of the Adjudication Order No. ADJ/300-B/SDE/KNR/2004 dated 29th November, 2004, passed by Special Director, Enforcement Directorate, exonerating the respondents from the allegations of contravention of Sections 8(1), 6(4), 6(5) and 7 Foreign Exchange Regulation Act, 1973. 3. Admittedly, this revision petition is filed on 10.11.2005 against Adjudication Order dated 29.11.2004 after a delay of almost one year giving no explanation for the delay. Also, the revision petition is typed as appeal but certain corrections are made in hand where word "appellant" is strike off with an addition of the word "petitioner. Further, this revision petition is filed under the name of Shri T.K. Gadoo, DLA,....

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....the revision petition has been filed giving the name of Shri T.K. Gadoo, DLA, who is not authorized in any manner on behalf of the Union of India or Enforcement Directorate to file this revision petition. Nothing has been brought out that how he is authorized to file this revision petition. 7. This is an admitted position that this revision petition is filed in the name of Union of India through Deputy Legal Adviser, Directorate of Enforcement, and is not even signed by Shri T.K. Gadoo. However, when we question the authority of filing of this revision petition, the Directorate of Enforcement has not been able to produce any delegation of power under Article 77 of the Constitution of India in favour of Deputy Legal Adviser Shri T.K. Gado....